WEST VIRGINIA CODE

(a) An agreement contained in a record to submit to
arbitration any existing or subsequent controversy arising between
the parties to the agreement is valid, enforceable and irrevocable
except upon a ground that exists at law or in equity for the
revocation of a contract.

(b) The court shall decide whether an agreement to arbitrate
exists or a controversy is subject to an agreement to arbitrate.

(c) An arbitrator shall decide whether a condition precedent
to arbitration has been fulfilled and whether a contract containing
a valid agreement to arbitrate is enforceable: Provided, That the
decision as to whether the arbitration agreement is enforceable
shall be made by a court of competent jurisdiction, if requested by
any party to the arbitration or agreement, pursuant to section nine
of this article.

(d) If a party to a judicial proceeding challenges the
existence of, or claims that a controversy is not subject to, an
agreement to arbitrate, the arbitration proceeding may continue
pending final resolution of the issue by the court, unless the
court otherwise orders.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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